Category: Workers’ Compensation

Help! The Insurance Carrier Isn’t Paying Me the Correct Amount!

Workers' Compensation

 

Help! The Insurance Carrier Isn’t Paying Me the Correct Amount!

When you’ve been injured at work, workers’ compensation is a vital part of your recovery process. You’re reliant on that money to pay for everything from food to bills to medical expenses. It’s important that the amount in your check is correct. Your weekly checks should be for 66.66% of your pay the year before your injury.

 

There are several reasons the amount might be incorrect. For instance, it’s possible that the insurance carrier just didn’t calculate your income correctly. In some cases we have seen, the insurance carrier has not accounted for overtime pay, bonuses, or other pay that falls outside of your normal work hours.

 

It should be fairly easy to clear up any mistakes by reviewing your pay records. Here are some things you should make sure you include in the calculation of your income:

  • Bonuses
  • Overtime pay
  • Additional allowances such as a company vehicle or travel stipends
  • Any pay that falls outside of your normal work hours

 

If the carrier still refuses to agree to raise your pay to meet your income after reviewing your records, an attorney can help you ask for a hearing or file a motion to clear up the underpayment. Every little bit counts when you’re out of work due to an injury. Make sure you’re receiving the compensation that’s owed to you.

 

Hiring an attorney can help clear up any discrepancies in pay. If you’ve been injured at work, be sure to contact an attorney at Oxner + Permar. With more than $275 million in awards and settlements, we have the experience to get you the benefits you deserve.

My Insurance Carrier Didn’t Authorize the Referral of My Doctor: What Should I Do Now?

Workers' Compensation

My Insurance Carrier Didn’t Authorize the Referral of My Doctor: What Should I Do Now?

When dealing with a workers’ compensation case, we often hope that everything follows procedure: that we can read attorney’s blogs and find step-by-step online “How to File for Workers’ Compensation” guides and that everything will work out fine. Unfortunately, this isn’t always possible. Sometimes things don’t always go according to plan.

What should you do if your insurance carrier fails to authorize the referral of your treating doctor? When you find yourself in this scenario, chances are you’re in need of additional medical treatment or medication, and waiting around isn’t really an option. However, there are steps you can take to get the treatment you need.

 

  1. An attorney can secure additional treatment and authorization of further medical care from the Industrial Commission in an expedited hearing or in an emergency hearing, depending on how dire the situation is.
  2. You can get your own care and then ask the Commission to authorize it.

 

Recently we helped one of our clients deal with this situation. We advised them to take option two and encouraged them to seek their own medical care when the carrier did not authorize it in a timely manner. As it happened, instead of going to litigation, the insurance company agreed to the doctor that they selected. It can be difficult to know what to do in situations like this, so we recommend seeking advice from an experienced attorney.

 

If the insurance carrier does not approve of your doctor, be sure to contact an experienced attorney. There are steps you can take to ensure that your rights are protected.

Is My Case Worth a Million Bucks?

Workers' Compensation

 

Is My Case Worth a Million Bucks?

Dealing with a work injury and workers’ compensation can be a long, painful process. It would be a lot less painful if there was $1,000,000 waiting for you at the end of it, right? In reality, a million-dollar settlement might not be as wonderful as you’re imagining. Because workman’s compensation doesn’t account for pain and suffering, there are certain factors that come into play for awards to come even close to seven digits.

 

  1. The worker who is recovering must have had a high compensation rate. Workers that make above $70,000 will be entitled to the highest compensation rate allowed by the Industrial Commission. They will also have to be awarded close to the allotted 500 weeks of work to make it significant.
  2. There must be near-catastrophic medicals projected. Basically, the medications and procedures prescribed will need to be expensive and ongoing. The need for continued care will both bring up the cost of medical expenses and prevent the worker from returning to any kind of work.
  3. The injury requires a form of attendant care. If this happens, the workers’ compensation carriers are required to pay skilled nurses or family members to help care for the injured worker if they need attention at home. This is generally very expensive and will account for a huge chunk of that $1,000,000.

 

While it might seem like getting a $1,000,000 settlement would be great, the reality is that most of that money will be going towards medical expenses, not your pocket. However, if your case is worth $1,000,000, we absolutely want to make sure that you’re getting the money that’s owed to you. In fact, we have a great deal of experience working these kinds of cases. No matter the extent of your injuries, you deserve fair compensation.

 

A lot of the money earned in a workers’ comp case goes towards medical expenses, which is why it’s important that you’re receiving fair compensation. If you’ve been injured at work, contact one of our attorneys for a free consultation.

Workplace Deaths in 2016

Workers' Compensation

 

Workplace Deaths in 2016

Every year, North Carolina keeps track of how many workplace deaths occur. The hope is to look at what went wrong and try to prevent future deaths from occurring. Of the 48 statewide workplace deaths that happened in 2016, two of them occurred in Forsyth County.

 

One was a roofer who fell from a roof. The other was an operator at a construction site whose equipment had overturned.

 

Labor Commissioner Cherie Berry says it’s awful to hear about falls, struck-bys and other kinds of accidents that can often be prevented with proper safety training and personal protective equipment.

 

It’s important to make sure you’re always following proper safety guidelines while at work. Statistics show that construction is the most dangerous type of work; manufacturing came in second. Simple things such as wearing a hardhat and other protective gear can go a long way in ensuring your safety.

 

Should the worst happen and you or a loved one suffer from a fatal workplace accident, know that you or your dependents are entitled to workers’ compensation. Dependents may be entitled to 500 weeks of pay at ⅔ of the deceased employee’s weekly pay.

 

Dealing with the loss of a loved one is difficult no matter the circumstances, but dealing with a workers’ compensation case on top of everything else can make an already awful situation exponentially worse. If you find yourself in this situation, be sure to contact an attorney at Oxner + Permar. We can help guide you through this process and take some of the stress out of a very difficult time.

 

If you have any questions about a wrongful death case or need guidance on how to proceed, be sure to contact an experienced attorney at Oxner + Permar for a free consultation.

 

What Happens When Uniforms Cause Injuries?

Workers' Compensation

What Happens When Uniforms Cause Injuries?

I’ve heard a lot of different opinions about uniforms. Some workers don’t enjoy wearing them: They say they’re not comfortable or that they lack individuality. One client mentioned to me that they didn’t like their uniform because it was just plain ugly. Other people love their uniforms: They say they’re comfy, that they make them look professional, or that it allows them to not have to think about what to wear. Regardless of how you feel about uniforms, we can all agree that none of us want our uniforms to make us sick.


Unfortunately, that’s what seems to be happening with American Airlines’ new uniforms. The airline company rolled out their new uniforms in September to more than 70,000 employees. Since then there are reports that as many as 2,000 employees have complained of sickness. With symptoms such as rashes, itching, headaches, and eye irritation, the union is already calling for a recall of the uniforms.

 

Although around 350 employees have already filed formal complaints, so far the uniform manufacturer’s response has been to offer uniforms made in different materials. They’re apparently working on a 100% cotton alternative uniform.

 

While irritation from a uniform may not strike you as something that needs a workers’ compensation claim, this is a type of injury covered by workers’ compensation. If you or someone you know has a uniform-related workers’ compensation claim, don’t hesitate to reach out to us with questions.
If you or someone you know has a uniform-related workers’ comp claim, feel free to give the experienced attorneys at Oxner + Permar a call for a free consultation.